채무부존재확인
1. The plaintiff (Counterclaim defendant)'s appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff (Counterclaim Defendant).
purport, purport, and.
The main lawsuit and counterclaim are also examined.
1. Facts of recognition;
A. On August 24, 2005, Nonparty E (hereinafter “the deceased”) entered into an insurance contract indicated in attached Table 1 (hereinafter “instant insurance contract”) with the Plaintiff, an insurance company, and the instant insurance contract is renewed annually, and the final insurance period is from August 24, 2013 to August 24, 2014.
B. According to the instant insurance contract and its terms and conditions, in the event the deceased, who is a policyholder, sustained injury and died within one year from the date of the injury due to the “emergency and remote accidents” that occurred during the insurance period, the Plaintiff shall pay the legal heir of the deceased a total of KRW 55 million in total, including the lump sum amount of death death, KRW 50 million in total, and KRW 55 million in funeral expenses (hereinafter “instant insurance proceeds”).
C. On December 21, 2013, at around 16:30, the insurance period of the instant insurance contract, the Deceased was found to have been used in the hot spring located in Seocho-gu Seoul, Seocho-gu, Seoul, and the Deceased died (hereinafter “instant death”) around 18:24 on the same day from among the Dos that were sent to the emergency room of the Seoul Sungsung Hospital by the 119 Emergency Team.
The designated parties B are the spouse (the shares of inheritance 3/9) of the deceased, and the defendant, the designated parties C, and D are the children of the deceased (the shares of inheritance 2/9, respectively).
(hereinafter referred to as the "Defendants", collectively referred to as the defendant and the remaining designated persons. [Grounds for recognition] There is no dispute, entry in Gap evidence 1 through 5, Eul evidence 1 (including each number), and the purport of the whole pleadings.
2. The parties' assertion and judgment
A. In order for the plaintiff to pay the deceased's death insurance money and funeral expenses to the defendants in accordance with the insurance contract and the terms and conditions of the contract of this case, the deceased's physical injury suffered from a sudden and incidental accident and resulting in the death as a direct result. The deceased's physical disease, such as acute flachimosis or non-flachiposis.